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(영문) 광주지방법원 장흥지원 2020.05.28 2019고단312
업무상과실치사등
Text

Defendant

A shall be punished by a fine of KRW 10 million, and a fine of KRW 5 million for Defendant B stock companies, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. was established for the purpose of construction business in Jeonyang-gun, Jeonyang-gun, and is a corporation owner who runs construction business using approximately twenty full-time workers, and Defendant A is a general person in charge of safety and health who controls and manages the safety and health of its employees as the site manager of the "E Supplementary Corporation" located in the Jeonnam-gun, Jeonnam-gun.

1. Defendant A

A. Around 06:20 on July 29, 2019, the Defendant: (a) had workers, including the victim F (the 52-year-old) employed by B, work at the site of “E Supplementary Corporation;” and (b) removed the deteriorated steel roof.

Since the height of the roof, which a worker needs to leave up to approximately 9.5 meters from the ground for the removal of the roof, the defendant has a duty of care to start work after taking necessary measures to prevent any danger of drilling by installing a safety display board, safety watch, etc. at the workplace, and installing equipment, etc. to use the safety belt safely if the worker wears the safety belt at the workplace.

Nevertheless, the defendant did not take safety measures to prevent the falling risk, such as a facility that can walk the safety net and the safety belt, and caused the roof to work as it is, and caused the victim to fall on the roof while working, and caused the victim to fall on the left side of the victim and go against the concrete floor.

Accordingly, the Defendant caused the death of the said victim by occupational negligence at the Jeonnam University Hospital located in 42, Dong-gu, Gwangju Metropolitan City around 17:15, Dong-gu, Gwangju Metropolitan City on the same day due to diversified trauma, second damage, etc.

(b).

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